Jammu & Kashmir High Court
Ashish Kumar Sharma vs . State Of J&K And Ors. on 20 March, 2019
Author: Tashi Rabstan
Bench: Tashi Rabstan
Suppl. List-01
Sr. No.101
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP No.574/2019
IA No.1/2019
Date of Order: 20.03.2019
Ashish Kumar Sharma Vs. State of J&K and ors.
Coram:
Hon'ble Mr. Justice Tashi Rabstan, Judge
Appearance:
For the Petitioner(s) : Mr. Sunil Sethi, Sr. Advocate with
Mr. Waheed Choudhary, Advocate.
For the Respondent(s) :
i) Whether to be reported in : Yes / No
Digest/Journal/Media
ii) Whether to be reported in : Yes / No
Press/Media
Mr. Sethi, learned senior counsel appearing for the petitioner submits that in pursuance of Notification No.10-PSC(DR-P) of 2017 dated 27.10.2017, respondents invited applications for various posts including five posts of Assistant Professor in the discipline of Applied Math, three under OM category, one against RBA and one under SC category. It is contended that petitioner being fully eligible applied for the said post and in terms of notice dated 17.01.2019 figured at Sr. No.1 in the open merit category in the short listing.
For facility of reference it would be apt to reproduce hereunder the relevant portion of Notification No.06-PSC(DR) of 2017 dated 07.06.2017 issued by Jammu and Kashmir Public Service Commission:
Research and Publications Research papers published in referred journals (UGC approved list of 04 journal) (0.50 mark for each article to the maximum of 04 points) Research papers published in journals with ISSN number other than UGC 02 approved list (0.25 for each article to the maximum of 02) (01 mark for each book to the maximum of 03 points) 03 Publication of a chapter in a book with ISBN Number (0.25 mark to the maximum of 02 points 02 SWP No.574/2019 Page 1 of 2 It is submitted by learned senior counsel for the petitioner that the petitioner has submitted nine publications whereas he has been awarded only two marks i.e., short fall of 1.5 marks to the cut off marks. It is further submitted that since petitioner has submitted nine publications therefore he should have been awarded four marks and in that event he would fall in the select list.
Be that as it may, prima facie, it appears that case is made out by the petitioner for indulgence of this Court. Issue notice to the respondents, returnable within four weeks. Requisite steps for service within one week.
List on 03.05.2019.IA No.1/2019
Notice and appearance as above.
Meanwhile, respondents are directed not to re-advertise one post of Assistant Professor as was earlier advertised in pursuance of Notification No.10-PSC(DR-P) of 2017 dated 27.10.2017 and also consider to redraw the merit of the petitioner qua research and publication. Alteration/modification on laying motion.
(Tashi Rabstan) Judge Jammu 20.03.2019 Surinder SURINDER KUMAR 2019.03.26 11:04 I attest to the accuracy and integrity of this document SWP No.574/2019 Page 2 of 2